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HOTEL ATLANTIS, INC. v. PEERLESS CASUALTY COMPANY

No. 132, Docket 26377.

285 F.2d 257 (1961)

HOTEL ATLANTIS, INC., Plaintiff-Appellee-Appellant, v. PEERLESS CASUALTY COMPANY, Defendant-Appellant-Appellee.

United States Court of Appeals Second Circuit.

Decided January 9, 1961.

Attorney(s) appearing for the Case

Harry S. Clyne, New York City (Manuel J. Steinberg and Alfred Jaffe, New York City, on the brief), for plaintiff-appellee-appellant.

Leonard Feldman, New York City (Liflander & Levin and Benjamin Levin, New York City, on the brief), for defendant-appellant-appellee.

Before LUMBARD, Chief Judge, and MAGRUDER and MOORE, Circuit Judges.

LUMBARD, Chief Judge.

These appeals test whether the plaintiff in this action, insured by the defendant against loss from fraud or dishonesty of an employee, complied with the terms of the contract of insurance, and whether, upon the trial of the action, the alleged loss was proved. If recovery on the contract of insurance is denied, we are then to decide whether the insurer is obligated to pay $5,000 in settlement of the...

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